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Recordings and Child Custody Cases in Atlanta

Family law, and specifically divorce and child custody, is a complicated matter. It’s not important that you understand every aspect of the law and what goes into it, but it is important that you work with a local Atlanta area attorney who specializes in family law.

One question we’re frequently asked is about recording. Nanny cams and audio recordings evoke a lot of emotion in child custody cases, but what are the finer points? Let’s take a closer look at the Georgia law as it applies in Sandy Springs, Dunwoody, and beyond.

The Purpose of a Nanny Cam

A nanny cam is a great resource when you’re concerned about your home security and to make sure your child’s caretaker is providing quality care. However, many parents engaged in divorce proceedings, paternity, or child custody cases may try to utilize footage to prove a point about their former partner.

As I wrote in this overview of nanny cam footage, this may not be admissible in court. There are a variety of reasons, including the purpose of the tool as well as ownership of the home or camera in question, that influence the court’s decision to allow the use of these recordings as evidence.

When Audio Records are Illegal

Similarly, audio recordings of children can also be challenged in court. As I discussed in this post, you can make audio recordings of phone calls legally in the state of Georgia, but only if you’re a party on the call.

By recording a phone call between your child and their parent, you may be violating these aspects of the law. That will cause the evidence to be thrown out or not considered at all.

Using Recordings for Divorce or Custody Proceedings

The use of recordings can be complicated, and that’s okay. There may be some cases where this evidence will be completely admissible while other cases would not be served by their use.

We understand that most clients who walk through our door don’t have a background in the law, and that’s why we’re here. We want to provide the top family law advice to our clients in Cumming, Sandy Springs, Dunwoody, and Atlanta. That’s all we do; work for you and your children to get the best outcome for everyone.

Talking with an Expert

What’s your next step when considering divorce, child custody, paternity, or any other legal avenue that can affect your children’s wellbeing? We encourage you to talk with a local lawyer who specializes in family law.

Throughout the North Atlanta area, we’re here to help you and your family find a solution. Family law is our business, it’s all we do.

Contact Shaw Law today.